Resolution Number 75-1-8-3RESOLUTION NO. 75-1-8- 3
ESTABLISHING REIMBURSEMENT POLICY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
CRITERIA FOR THE REIMBURSEMENT OF FUNDS EXPENDED
FOR THE ACQUISITION OF SCHOOL SITE AND RIGHTS-OF-
WAY FOR ORTEGA HIGHWAY
WHEREAS, the City has heretofore required the developer
of Tract No. 8264 (hereinafter referred to as Maurer) to secure an
acceptable school site and to provide for the acquisition of cer-
tain rights-of-way for the ultimate improvement of Ortega Highway;
and
WHEREAS, Maurer has posted a bond in the sum of One
Hundred Twenty Thousand Dollars ($120,000.00) for the acquisition
of the said rights-of-way, and has also secured an option to pur-
chase an elementary school site for which he will expend approxi-
mately Twenty-six Thousand Dollars ($26,000.00); and
WHEREAS, the foregoing expenditures will benefit other
developers desiring to build residential subdivisions along Ortega
Highway; and
WHEREAS, the City has, accordingly, agreed with Maurer
to reimburse him for a proportionate amount of his expenditures
from a fund to be established from fees collected from other
developers who desire to build residential subdivisions along
Ortega Highway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano does hereby establish the follow-
ing policy and criteria for the payment of fees by developers of
land along Ortega Highway:
1. ORTEGA HIGHWAY. Should Maurer be required to ex-
pend any money from his Ortega right-of-way bond, each developer
who proposes to develop land which had right-of-way acquired by
the City through the right-of-way bond, may, as a condition of
approval of any site plan or tentative tract map, require payment
of the acquisition costs previously incurred for the expenditure
of the bond into an Ortega Highway right-of-way acquisition fund.
The amount of the aforesaid reimbursement shall be determined by
the Director of Planning and the Director of Public Works. As
funds accumulate in the fund they shall be reimbursed to Maurer.
2. SCHOOL SITE. As a condition of approval of tenta-
tive tract maps for residential subdivisions to be located in an
area bounded by Interstate No. 5 to the West, Horno Creek to the
North, and the City limits to the South and East, each developer
shall pay a fee of Forty Dollars ($40.00) per unit. All such fees
shall be deposited in the School Site Reimbursement Fund and sums
not to exceed Sixteen Thousand Five Hundred Dollars ($16,500.00)
paid to Maurer; the difference between the initial payment and
the reimbursement shall be allocated to Maurer's Tract Nos. 8264
and 5126.
PASSED, APPROVED AND ADOPTED this 8th day of January,
19752 by the following vote, to wit:
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3 o C')
AYES: Councilmen Heckscher, Nash, Sweeney, Weathers,
Mayor Byrnes
NOES: None
ABSENT: None
7� it
ROY L. ES, M.D., MAYOR
City of Sa Juan Capistrano
ATTEST:
CITY CL, K
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 75-1-8-3 , adopted by the
aaC�J�,CC?uncil of the City of San Juan Capistrano, California, at an
ii** meeting thereof held on the 8th day of January, 1975.
(SEAL) MARY ANN ANOVER, City Clerk
-2-
:i TATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
and says:
MARY ANN IIANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 74-1-28-4, and on the 20th day of January
1975 , she caused to be posted:
being:
RESOLUTION NO. 75-1-8-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
CRITERIA FOR THE REIMBURSEMENT OF FUNDS EXPENDED
FOR THE ACQUISITION OF SCHOOL SITE AND RIGHTS-OF-
WAY FOR ORTEGA HIGHWAY
397
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
G
MARY ANN ANOVER, City Clerk
San Jua Capistrano, California